The future of deep-sea fisheries: Commission s proposal and overall regulatory framework

Transcription

1 The future of deep-sea fisheries: Commission s proposal and overall regulatory framework Hearing on Deep Sea species Toward a Sustainable Fishery Committee on Fisheries of the European Parliament 19 February 2013 Matthew Gianni Co founder, Political and Policy Advisor Deep Sea Conservation Coalition Consultant, High Seas Fisheries & Marine Biodiversity

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3 DSCC UN FAO IUCN ( CBD, EP, UNEP, IOC) UN Fish Stocks Agreement & UN FAO Code of Conduct negotiations ( ) 10 th & 11 th Deep Sea Biology Symposia 4 th 6 th & 10 th Pascal Lorance meetings of the United Nations Informal Consultative Process Oceans and Law of the Sea UN FAO Expert Consultations Deep Sea Fisheries PECH Committee European Parliament April 2004; November 2007 Commercial fisherman 10+ years ( ) GESTION DES STOCKS D'EAU PROFONDE PAR L'UE Philip A. Large RESSOURCES ET ÉCOSYSTÈME DES PÊCHERIES D'EAU PROFONDE GESTION DES PÊCHERIES D'EAU PROFONDE DANS DES ZONES SITUÉES EN DEHORS DE LA JURIDICTION NATIONALE Matthew Gianni

4 UN General Assembly negotiations ISSUES: Sustainability of fisheries, protection of biodiversity and the marine environment, equity, implementation of international law CONCERNS: Deep sea different than coastal/continental shelf and open ocean pelagic fisheries and ecosystems Slow growing, long lived, late maturing, low fecundity species Biology of deep sea species and ecosystems poorly known, challenging to study Endemic, rare, vulnerable species and habitats Highly vulnerable to overexploitation/damage & slow to recover

5 UN General Assembly resolutions Ten years of extensive debate at the UN prompted by scientists and NGOs Four+ UNGA resolutions (59/25, 61/105, 64/72, 66/68) Core Agreement: Prevent Significant Adverse Impacts on Vulnerable Marine Ecosystems and ensure longterm sustainability of deep sea species through: Conducting Prior Environmental Impact Assessments Establishing Precautionary Area Closures where VMEs are known or likely to occur Ensure Sustainability of Deep Sea Fish Stocks, including nontarget species w/ stock assessments and the rebuilding of depleted stocks Move on Rule Adopt and Implement OR ELSE NOT AUTHORIZE DEEP SEA FISHING

6 FRAMEWORK FOR INTERNATIONAL ACTION UNCLOS Articles : the duty to cooperate and take such measures as may be necessary for the conservation of the living resources of the high seas Article 192: the obligation to protect and preserve the marine environment Article 194.5: the duty to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life Article 206: When States have reasonable grounds for believing that planned activities under their jurisdiction or control may cause substantial pollution of or significant and harmful changes to the marine environment, they shall, as far as practicable, assess the potential effects of such activities on the marine environment

7 FRAMEWORK FOR INTERNATIONAL ACTION 1995 UN FISH STOCKS AGREEMENT Articles 5 & 6 Prevent or eliminate overfishing and excess fishing capacity [5(h)] Assess the impacts of fishing on target stocks and species belonging to the same ecosystem [5 (d)] Minimize bycatch, waste and discards and the impact of fishing on associated or dependent species, in particular endangered species, through inter alia the use of selective, environmentally safe fishing gear [5(f)]

8 FRAMEWORK FOR INTERNATIONAL ACTION UN FISH STOCKS AGREEMENT : Articles 5 & 6 Protect biodiversity in the marine environment [5(g)] Protect habitats of special concern [6.3] Apply the precautionary approach widely to the conservation and management of fish stocks in order to protect and preserve the marine environment. States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information cannot be used as a reason for postponing or failing to take conservation and management measures [Articles 6.1, 6.2]

9 UN FSA Article 7: establish compatible measures on both high seas and within national waters on straddling stocks Many/Most deep sea fish stocks exploited in the NE Atlantic are known to be or likely to be straddling fish stocks

10 2008 International Guidelines for the Management of Deep Sea Fisheries in the High Seas (FAO Guidelines) Internationally negotiated standards & criteria for: Conducting Impact Assessments (paragraph 47) Identifying Vulnerable Marine Ecosystems (paragraph 42 and Annex) Determining Significant Adverse Impacts (paragraphs 16 20) Incorporated into UN General Assembly resolution 64/72 (2009)

11 Summary: Criteria for conducting Impact Assessments in deep sea fisheries Paragraph 47 International Guidelines Deep Sea Fisheries in the High Seas Determine area where fishing will occur, gear types, likely catch and bycatch etc (fishery plan) baseline information on ecosystems, habitats and communities in the fishing area identification, description and mapping of VMEs in fishing area Data and methodology to assess impacts, address gaps and uncertainties in the information identification, description and evaluation of occurrence, scale and duration of likely impacts, including cumulative impacts on low productivity fish and VMEs risk assessment to determine which impacts are likely to be significant adverse impacts Mitigation, management and monitoring measures to prevent significant adverse impacts on VMEs and ensure long term conservation and sustainable utilization of lowproductivity fish species

12 EU regulations to date Council Regulation 2347/2002: deep sea access regime; beginning of quotas for DSF Council Regulation 1568/2005: Prohibits bottom trawling and gillnet fishing (below 200m) around the Azores, Canaries and Madeira Islands to protect deep sea ecosystems Council Regulation 734/2008: Implements UNGA resolutions for EU fleets in high seas areas where no RFMO is in place Council Regulation 43/2009: Prohibits bottom gillnet fishing > 600m in EU waters

13 Science & Deep Sea Bottom Trawling UNEP 2004: Active gear that comes into contact with the sea floor isconsidered the greatest threat to cold water coral reefs and includes bottom trawls and dredges. ICES 2007: the impact of bottom trawl is far more detrimental to the seabed than static gear ICES 2008: The primary methods of fishing within the NEAFC area include bottom trawling by otter trawl, pelagic trawling, pelagic fishing by seine net, longlining, gillnetting, tangle netting, and the use of traps Any gear that has bottom contact has the potential to damage vulnerable deep water habitats. The degree of impact depends on the type of gear, the degree of contact with the seabed and the frequency of contact. Thus, even bottom gear with a low potential for damage per deployment can potentially cause significant impact if used intensively. Of the types of fishing listed above, the greatest instantaneous physical impact on sensitive habitats is likely to be caused by towed otter trawls UNEP 2010: Mobile fishing gear that contacts the seabed, particularly trawling, is the fishing apparatus that poses the greatest threat to deepwater sponge grounds. ICES 2002: ICES advises that the only proven method of preventing damage to deep water biogenic reefs from fishing activities is through spatial closures to towed gear that potentially impacts the bottom.

14 To help protect your privacy, PowerPoint has blocked automatic download of this picture. To help protect your privacy, PowerPoint has blocked automatic download of this picture. To help protect your privacy, PowerPoint has blocked automatic download of this picture. To help protect your privacy, PowerPoint has blocked automatic download of this picture. Selection of photos from Hatton Bank, Pobie Bank Reef, Solan Bank Reef, East Rockall Bank and Anton Dohrn Seamount: Areas proposed by Scottish government as SACs.

15 UNEP 2004 (Freiwald et al) Bottom trawls have the largest destructive impact of any fishing gear on the seabed in general and especially on coral ecosystems

16 Deep sea demersal fish species richness in the Porcupine Seabight, NE Atlantic Ocean: global and regional patterns. Imants G. Priede, Jasmin A. Godbold, Nicola J. King, Martin A. Collins, David M. Bailey & John D. M. Gordon. Marine Ecology 31 (2010) Study period & species at fishable depths. Average decline in fish abundance: 69% Alepocephalus agassizii Cottunculus thomsonii Malacocephalus laevis Alepocephalus australis Deania calcea Merluccius merluccius Alepocephalus bairdii Dipturus nidarosiensis Microchirus variegatus Alepocephalus productus Echiodon drummondii Molva dypterygia Alepocephalus rostratus Epigonus telescopus Molva macrophthalma Antimora rostrata Etmopterus spinax Mora moro Aphanopus carbo Gaidropsarus argentatus Myxine ios Apristurus laurussonii Gaidropsarus macrophthalmus Neocyttus helgae Argentina silus Galeus melastomus Neoraja caerulea Argentina sphyraena Galeus murinus Nezumia aequalis Bathypterois dubius Glyptocephalus cynoglossus Notacanthus bonaparte Beryx decadactylus Guttigadus latifrons Notacanthus chemnitzii Caelorinchus caelorhincus Halargyreus johnsonii Pachycara crassiceps Caelorinchus labiatus Halosauropsis macrochir Paraliparis hystrix Cataetyx alleni Halosaurus johnsonianus Phycis blennoides Cataetyx laticeps Helicolenus dactylopterus dactylopterus Polyacanthonotus rissoanus Centrophorus squamosus Hoplostethus atlanticus Rajella bigelowi Centroscymnus coelolepis Hoplostethus mediterraneus mediterraneus Rajella fyllae Chimaera monstrosa Hydrolagus mirabilis Rhinochimaera atlantica Conocara macropterum Ilyophis blachei Rouleina attrita Conocara murrayi Lepidion eques Scymnodon ringens Coryphaenoides carapinus Lepidorhombus boscii Spectrunculus grandis Coryphaenoides guentheri Lepidorhombus whiffiagonis Synaphobranchus kaupii Coryphaenoides mediterraneus Leucoraja circularis Trachyrincus murrayi Coryphaenoides rupestris Lophius piscatorius Trachyrincus scabrus Lycodes terraenovae Trachyscorpia cristulata echinata EU sets catch limits for only 14 of the 77 species (Council Reg 1262/2012) Orange roughy Blue ling Greater forkbeard Black scabbardfish Roundnose grenadier Alfonsinos Leafscale gulper shark Portuguese dogfish Birdbeak dogfish Velvet belly Blackmouth catshark (Blackmouth dogfish) Mouse catshark Knifetooth dogfish Deep water catsharks 100% outside safe biological limits RNG, BSF, BL possible exceptions

17 Public interest Avaaz petition (September ,000 signatures) Scientists statements (2003, 2004, 2009) calling for a moratorium on deep sea bottom trawling on the high seas Supermarkets changing purchasing policies for deepsea species Ocean Elders Letter from Richard Branson to UK Minister Richard Benyon Stakeholders Statement February 2013 (500 signatures NGOs and scientists) Media 2015 UN General Assembly review deep sea fisheries

18 DSCC recommendations for amendments to COM proposal Require impact assessments for all deep sea fisheries (bottom fisheries in all deep sea areas) Compatibility and coherence with Council Regulation 734/2008; UNGA resolutions 61/105 & 64/72 and UN Fish Stocks Agreement Close areas to bottom fishing where VMEs are known or likely to occur unless measures are in place to prevent SAIs

19 Manage the catch of all deep seas pecies, including non target species No fishing opportunities where lack of sufficient data measures to prevent the catch/bycatch of most vulnerable species Phase out of deep sea bottom trawl and bottom gillnet fishing Compatibility with Article 5 and Annex I of the UN Fish Stocks Agreement and paragraph 119(d) of UNGA resolution 64/72 Coherence with Council Regulations 1568/2005 and 43/2009

20 Depth based definition of deep sea fisheries in addition to species based definition 200 meters ICES: Lophelia (cold water coral) reefs found mainly between m and provide a shelter for hundreds of marine species DeepFishman: deep water species be defined as those which spend a significant part of their life cycle at depths >200 m and have 50% or more of their adult biomass occurring at depths >200m.

21 DSCC Publications

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23 UN FAO Guidelines: Impact Assessments Para 47: Impact assessment should address, inter alia: i. type(s) of fishing conducted or contemplated, including vessels and gear types, fishing areas, target and potential bycatch species, fishing effort levels and duration of fishing (harvesting plan); ii. best available scientific and technical information on the current state of fishery resources and baseline information on the ecosystems, habitats and communities in the fishing area, against which future changes are to be compared;

24 UN FAO Guidelines: Impact Assessments iii. identification, description and mapping of VMEs known or likely to occur in the fishing area; iv. data and methods used to identify, describe and assess the impacts of the activity, the identification of gaps in knowledge, and an evaluation of uncertainties in the information presented in the assessment; v. identification, description and evaluation of the occurrence, scale and duration of likely impacts, including cumulative impacts of activities covered by the assessment on VMEs and low productivity fishery resources in the fishing area;

25 UN FAO Guidelines: Impact Assessments vi. risk assessment of likely impacts by the fishing operations to determine which impacts are likely to be significant adverse impacts, particularly impacts on VMEs and low productivity fishery resources; and vii. the proposed mitigation and management measures to be used to prevent significant adverse impacts on VMEs and ensure long term conservation and sustainable utilization of low productivity fishery resources, and the measures to be used to monitor effects of the fishing operations.

26 UN FAO Guidelines: VMEs i. Uniqueness or rarity e.g : habitats that contain endemic species; habitats of rare, threatened or endangered species that occur only in discrete areas; or nurseries or discrete feeding, breeding, or spawning areas. ii. Functional significance of the habitat discrete areas or habitats that are necessary for the survival, function, spawning/reproduction or recovery of fish stocks, particular life history stages (e.g. nursery grounds or rearing areas), or of rare, threatened or endangered marine species.

27 UN FAO Guidelines: VMEs iii. Fragility an ecosystem that is highly susceptible to degradation by anthropogenic activities. iv. Life history traits of component species that make recovery difficult ecosystems that are characterized by populations or assemblages of species with one or more of the following characteristics: slow growth rates; late age of maturity; low or unpredictable recruitment; or long lived. v. Structural complexity an ecosystem that is characterized by complex physical structures created by significant concentrations of biotic and abiotic features.

28 UN FAO Guidelines: SAIs 17. Significant adverse impacts are those that compromise ecosystem integrity (i.e. ecosystem structure or function) in a manner that: (i) impairs the ability of affected populations to replace themselves; (ii) degrades the long term natural productivity of habitats; or (iii) causes, on more than a temporary basis, significant loss of species richness, habitat or community types. Impacts should be evaluated individually, in combination and cumulatively.

29 UN FAO Guidelines: SAIs 18. When determining the scale and significance of an impact, the following six factors should be considered: i. the intensity or severity of the impact at the specific site being affected; ii. the spatial extent of the impact relative to the availability of the habitat type affected; iii. the sensitivity/vulnerability of the ecosystem to the impact; iv. the ability of an ecosystem to recover from harm, and the rate of such recovery; v. the extent to which ecosystem functions may be altered by the impact; and vi. the timing and duration of the impact relative to the period in which a species needs the habitat during one or more lifehistory stages.

30 UN FAO Guidelines: SAIs 19. Temporary impacts are those that are limited in duration and that allow the particular ecosystem to recover over an acceptable time frame. Such time frames should be decided on a case by case basis and should be in the order of 5 20 years, taking into account the specific features of the populations and ecosystems. 20. In determining whether an impact is temporary, both the duration and the frequency at which an impact is repeated should be considered. If the interval between the expected disturbance of a habitat is shorter than the recovery time, the impact should be considered more than temporary. In circumstances of limited information, States and RFMO/As should apply the precautionary approach in their determinations regarding the nature and duration of impacts.

31 Northeast Atlantic Rockall and Hatton Bank There is general agreement among scientists, the fishing industry and the politicians that the fragile deep-water stocks are seriously overexploited, but political imperatives dictate that uncertainties and inconsistencies in the scientific assessment and advice are used to postpone the urgent action that is required. It is perhaps not much of a consolation, but at least in the Rockall Trough, we know a lot about the ecosystem that is being destroyed, while in other areas, such as the Hatton Bank, we will never know what is being destroyed Dr John Gordon, Scottish Association of Marine Scientists, quoted in End of the Line by Charles Clover